Whether brief glimpses of children's genital areas in videos constitute 'sexually-explicit-conduct' under 18-USC-2251-and-2252A

QUESTION PRESENTED FOR REVIEW In 2019 a video camera was discovered hidden in the bathroom of the Close School of Music. The school’s owner, Philip Close, was eventually charged in a 74-count indictment with 61 counts of producing child pornography, in violation of 18 U.S.C. §§ 2251(a) & (e), and 13 counts of possessing child pornography, in violation of 18 U.S.C. §§ 2252A(a)(5)(B) & (b)(2). The images he produced and some images he possessed were of children relieving themselves in the bathroom. Brief glimpses of the children’s genital area could be seen on the recorded images. Mr. Close pleaded guilty to each charge in the indictment and received an aggregate sentence of 600 months imprisonment. The question presented is whether Mr. Close’s convictions under 18 U.S.C. § 2251(a), for producing child pornography, and 18 U.S.C. § 2252A(a)(5)(B), for possessing child pornography, can be sustained where the videos only showed brief glimpses of children’s genital areas and did not depict minors engaging in sexually explicit conduct.